Month: September 2007

  •     By Kevin E. Noonan — Review of the new "examination support document" rule promulgated in 37 C.F.R. § 1.265 on August 21, 2007 strongly suggested that the purpose of the rule was not to facilitate submission of relevant prior art as an improvement over current Information Disclosure Statement provisions, but rather to provide…

  •     By Donald Zuhn — The U.S. Patent and Trademark Office announced today that it has begun a pilot project with the Swedish Patent and Registration Office (PRV) in an attempt to reduce the USPTO’s growing backlog of U.S. national applications waiting to be examined.  The pilot program will test the feasibility of having…

  •     By Donald Zuhn — On August 30, 2007, the U.S. Patent and Trademark Office announced that publicly available final decisions of the Board of Patent Appeals and Interferences (BPAI) posted on the BPAI’s Final Decision FOIA web page will now be text searchable.

  •     By Jason Derry — Alligator Bioscience has announced that it has entered a collaborative agreement with SARomics.  SARomics is a research company that provides its partners with in silico drug discovery platforms in the fields of structural biology, computational chemistry, and biostatistics.  In particular, SARomics offers many services that help its partners in…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Purdue Pharma LP et al. v. Apotex Inc. et al.1:07-cv-00549; filed September 12, 2007 in the District Court of Delaware Infringement of…

  • September 18, 2007 – Trying a Patent Validity Case in a Post-KSR World (Practising Law Institute) September 18-19, 2007 – Pharma/Biotech Patent Boot Camp (American Conference Institute) – San Francisco, IL*** September 19, 2007 – Final USPTO Rules on Claims and Continuations (Practising Law Institute) September 20, 2007 – KSR International Co. v. Teleflex, Inc.:…

  •     By Donald Zuhn — On September 4, 2007, the U.S. Patent and Trademark Office announced that it has initiated a Patent Prosecution Highway (PPH) pilot program with the United Kingdom Intellectual Property Office (UK IPO).  The two offices are now accepting applications for participation in the pilot PPH, which permits an applicant having…

  •     By Sherri Oslick — On Tuesday, Teva Pharmaceuticals and Dr. Reddy’s Laboratories filed a joint stipulation of dismissal in their pending lawsuit over generic sertraline hydrochloride (the API in Pfizer’s Zoloft®, used to treat depression).  The suit, originally filed on February 1, 2007 in the District Court of New Jersey, was dismissed without…

  •     By Kevin E. Noonan — On August 21, 2007, the U.S. Patent and Trademark Office published new rules concerning continuation and claims practice that will undoubtedly have a profound effect on the way patent attorneys and agents prosecute applications before the Patent Office.  In view of the 128-page Federal Register notice regarding the…

  •     By Kevin E. Noonan — The contours of the Federal Circuit’s obviousness jurisprudence post-KSR continued to be revealed today with the CAFC’s decision in Aventis Pharma Deutschland GmbH v. Lupin, Ltd.  The Federal Circuit reversed a finding in the District Court that the Aventis claims were non-obvious, based on what it termed a…